Decision ID: 002027

In March 2007 the 1992 Fund Executive Committee noted that in February 2007 the Commercial Court in Lorient had rendered a judgment in respect of a claim by a tour operator in the United Kingdom specialising in selling holidays in various countries for losses suffered in 2000 and 2001 as a result of the incident. It was noted that the Fund had assessed and paid compensation for losses in 2000, but had rejected the claim for losses in 2001 since it considered that the claimant had not established a link of causation between the alleged damage and the pollution resulting from the incident. It was noted that the Court, having stated that the Fund’s admissibility criteria were nor binding on national courts, had held that other businesses in the area had not been affected, that camping activity in 2001 was normal bearing in mind the weather conditions, that the claimant had not provided any evidence of the alleged loss nor of a link of causation between the alleged loss and the incident, and that for these reasons the Court had rejected the claim.

Date: 01.03.2007
Category: Pure economic loss (tourism)
Subject: Admissibility criteria